By Trent Cotney - Cotney Construction Law, LLP WSRCA General Counsel.
Disclaimer: Each state may have different laws. Please check each state for specific guidance.
As COVID-19 continues to affect our daily lives, it is crucial for employers to be aware of the steps the government is taking to reduce infection, how those steps affect your business, and the protocols your business needs to implement to ensure you are complying with what is required under these abnormal circumstances. Below is a list of the most frequently asked questions we are receiving from our clients, ranging from employment issues to OSHA compliance. Our hope is that the advice we provide will help you navigate some of the novel workplace issues that the outbreak continues to present the industry.
Am I allowed to ask employees if they have or think they might have COVID-19?
Yes. The Equal Employment Opportunity Commission (EEOC) released guidelines in 2009 amidst the H1N1 (“swine flu”) epidemic that give employers crucial guidance for maintaining a safe workplace while avoiding violating an employee’s rights. In taking the position that illnesses related to global pandemics – which COVID-19 is now considered – are dissimilar to the disabilities that the Americans with Disabilities Act (ADA) and other employee’s rights laws were designed to protect, the EEOC allows employers more flexibility in performing health inquiries and screenings of their employees.
When and what can I ask?
According to the EEOC, employers should follow the Interim Guidelines issues by the Center for Disease Control (CDC) and Occupational Health and Safety Administration (OSHA) when determining the risk an employee poses to the jobsite or workplace. WSRCA members continue reading here ...
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About WSRCA
Western States Roofing Contractors Association is a non-profit regional association of roofing, roof deck and waterproofing contractors and industry related associate members. The association’s close and frequent contact with members and its programs and services are vital to the successful operation of member companies. The WSRCA was formed in 1974 to preserve and promote the roofing industry in the western region. WSRCA’s purpose is to provide assistance to enable its members to operate successfully and competitively.
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